Appendix 11: Summary of Amendments Suggested
by Respondents to the Government's Consultation Exercise

Schedule of Amendments Suggested By Respondents
to the Consultation Exercise

Clause

Original Text

Change/ Comment

Source

PART 1 - LOCAL ARRANGMENTS

1

Meaning of Emergency

The definition as it stands does not include an element of scale and could therefore apply to a relatively minor road traffic accident or small fire. Could include the phrase found in Dealing with Disaster, " on such a scale that the effects cannot be dealt with by the emergency services, local authorities and other organisations as part of their normal day-to-day activities."

Royal Borough of Kensington and Chelsea, CC EV 31, question 1

At the core of an emergency is the disruption to the community of vital essentials. This should remain the touchstone of any modern definition.

Liberty, JC EV 14, para 13

The definition is a cumbersome blend of the general and the specific, which runs the risk of leaving unintended loopholes only to be discovered in a future court case. The simple, single paragraph definition from Dealing with Disaster is perfectly adequate. We can think of no situation, listed in the Bill's definition, which it could not be deemed to cover.

National Council for Civil Protection, CC EV 76 , question 1

There needs to be a 'de minimis' definition of an emergency - a trigger level or threshold below which local authorities, as Category 1 responders, would not be expected to respond (such as the declaration of a major incident. There is no indication of what scale of incident would trigger the involvement of the Regional Resilience Committees.

LGA, JC EV 10, para 3.1.2 and 3.1.3

The definition of an emergency is marginally different depending which part of the draft Bill one reads [clauses 1 and 17]. It is hoped that a common definition could be arrived at.

Dr Rodney Day, University of Hertfordshire, CC EV 18, para 2

The use of 'serious threat' in 1(1) and 'threat' in the following four clauses is confusing. The same terms should be used throughout. This is also the case in 17 (1) (2) (3) (4)

Sedgemoor District Council, CC EV 66, question 1

The definition of emergency needs to state "either natural or manmade".

Dudley Metropolitan Borough Council, CC EV 47, question 1

Contingency for sea emergencies and the impact of sea defence breaches has been omitted.

Rother District Council, CC EV 97, para 1

Include a reference to off-shore marine incidents, as they are currently excluded by the wording 'in England and Wales'.

Kent and Medway Town Fire Authority, CC EV 40, question 1

The terminology used within the Bill differs from that normally associated with the field of disaster management. The Bill refers to emergencies and resilience, whereas the more normally accepted terminology in this field of study is concerned with disaster, vulnerability and risk. It is normally considered that a disaster is a result of the conjunction of a hazard with a vulnerable target. The concept of an emergency as distinct from a disaster omits the central role of vulnerability.

It would be necessary to define different levels of emergencies in relation to the different tiers of government and their capabilities i.e. municipal, regional and national authorities have the abilities to deal with emergencies of increasing severity.

"emergency" means an event or situation which presents a serious threat to -

Also include a specific threat to Parliament.

Philip Bostock, Exeter City Council, CC EV 13, question 1

The subjective seriousness requirement is an insufficient safeguard against misuse. Although threats to the welfare of the population, the environment and political/ administrative/ economic stability are defined, seriousness is not.

Liberty, JC EV 14, para 16

1 (1)(a)

human welfare in a place in England or Wales

Define what is meant by "in a place" and "of a place" throughout 1 (1) (a) to (d). There needs to be clarity as to what this means, particularly in relation to UK waters.

Essex Authorities, CC EV 14, part 2, question 1

Norfolk Local Authority, CC EV 96, question 1

1 (1)(c)

the political, administrative or economic stability of a place in England or Wales

These should relate only to those instances where there is also a threat to human welfare.

Emergency Planning Society, JC EV 12, part 2, question 1

1 (2)(b)

an event or situation presents a threat to human welfare only if it involves, causes or may cause (b) humanillnessorinjury

This should read 'human incapacitation, illness and injury'. This should also be amended in Part 2, clause 17 (2)(b).

Dr G Pearson, CC EV 90, para 8

1 (2)(c)

an event or situation presents a threat to human welfare only if it involves, causes or may cause - (c) homelessness

The term 'displaced persons' might be better to capture what is intended. The term 'homelessness' indicates a degree of permanency in a person's situation (which may not be the case in an emergency when people are more likely to be moved from their homes as an interim measure).

Sedgemoor District Council, CC EV 66, question 1

Whilst events which may cause homelessness or disruption of food supply, communication systems, transport facilities or educational services are serious matters, they do not necessarily constitute a threat to public welfare.

Liberty, JC EV 14, para 18

1 (2)(e)

an event or situation presents a threat to human welfare only if it involves, causes or may cause - (e) disruption of a supply of food, water, energy, fuel or another essential commodity

The Bill extends the definition to include major disruptions of energy. The energy industries have for many years maintained their own contingency planning for emergencies, which are governed by the relevant legislation and regulatory licenses. There is a distinction to be drawn between emergencies where loss of electricity supply is a relevant part but not the primary problem and those that are primarily one of loss of supply.

CE Electric UK, CC EV 81, question 1

1(2)(h)

disruption of medical, educational or other essential services

Educational services are not regarded as 'essential' in international labour law. The term 'other essential services', particularly as it follows this non-essential service, is difficult to interpret. The International Labour Organisations (ILO) defines essential services as those whose interruption would threaten the life, personal safety or health of the whole or part of the population. If some form of extending provision is required in clauses 1(2)(h) and 1(2)(e) this would be an appropriate definition to adopt.

Professor G Morris, JC EV 5, para I

1 (3)

For the purposes of subsection (1)(b) an event or situation presents a threat to the environment, if

This appears to allow an emergency to be declared if there is a threat to plant life. This may be seen as a reduction in civil liberties by those who feel that they have a legitimate right to take action against GM crops. This is hardly a threat to the national interest but a form of civil protest best dealt with under the criminal law.

Oxfordshire County Council, CC EV 4, para 5

Giving the language of this clause its natural and ordinary meaning, emergency powers under the Bill could plausibly be triggered by a virulent strain by Dutch Elm Disease.

JUSTICE, JC EV15, para 12

Include 'land subsidence' in environmental threat list.

Arun District Council, CC EV 110, question 1

1 (3) (a) (ii)

.. an event or situation presents a threat to the environment if, in particular, it involves, causes or may cause (a) contamination of land, water or air with (ii) fuel oils

This definition of oil would appear to be unnecessarily restrictive as it would only apply to those refined products that are used as a fuel in large power plants. In reality, a threat to the environment may arise from a spill of any type of oil and from any source. A broader definition to cover all eventualities would be provided by replacing "fuel oils" with "oil" or with "oil and its derivatives". This definition is used in other legislation (S.153 Merchant Shipping Act 1995).

This is a potential loophole, which raises the question of the status of other oils, such as lubricating oils and edible oils.

Although it is probably implicit that the Bill applies to the UK's territorial waters, there is no specific reference to seawater.

National Council for Civil Protection, CC EV 76, question 1

The whole subsection of 1(3)(a) should be reworded to read " causes or may cause contamination of land, water or air with substances, materials or articles that are harmful to human, animal or plant life"

The definition of the word 'water' needs clarification because of the implications relating to local authorities and shoreline clean up, for which there is no existing statutory responsibility but which could come out of this paragraph.

'Water' should include all water, including riverine, estuarial and seawater.

Bristol City Council, CC EV 69, question 1

Shire districts should also have a corresponding duty to plan for, train and conduct shoreline clean up. Ports and Harbours have a statutory duty under these circumstances and should be properly funded to carry out these functions effectively.

Philip Bostock, Exeter City Council, CC EV 13, question 1

1 (3)(b)

.. an event or situation presents a threat to the environment if, in particular, it involves, causes or may cause - (b) flooding

After the word 'flooding' there should be some reference to 'drought'.

An event or situation presents a threat to political, administration or economic stability if, in particular, it involves, causes or may cause -

There is no attempt to distinguish between essential and non-essential functions in relation to what may constitute threats to 'political, administrative or economic stability' as defined in clause 1(4). A serious threat of disruption to a non-essential Government activity or public function would be within the definition. No account is taken of the duration of the disruption, which may be an important factor when considering whether industrial action occasions an emergency.

Professor G Morris, JC EV 5, para I

1 (4)(c)

(c) the activities of banks or other financial institutions

This seems to neglect the economic impact of an emergency upon manufacturing or service industries. In extreme cases this might have a short-term influence on GDP. This could be recognised by the inclusion of a sub-section "4(d) the widespread or prolonged disruption of key manufacturing or service industries'. This also applies to clause 17(4).

United Utilities, CC EV 73, question 1

Consideration should be given to a wider definition of economic stability, including the critical role of industry and commerce, especially given the importance later placed upon businesses' continuity management.

Dr Rodney Day, University of Hertfordshire, CC EV 18, para 3

The definition must include threats to productive industries other than banks and financial institutions. There must be references to the Business Continuity for all business enterprises, whether nationally or internationally owned and threats to the foreign direct investment sector.

Mr A Hobbs, CC EV 94, para 9

This clause should include reference to other critical economic activities such as manufacturing, logistics and energy production, including oil and gas.

Link Associates International, CC EV 129, question 1

2

Duty to assess, plan and advise

Local factors realistically mean that each local area has their own set of risks, which have their own emergency implications. How much local latitude is permitted?

West Devon Raynet, CC EV 54, chapter 4

2 (1)(a)

A person or body listed in Part 1 of Schedule 1shall - (a) from time to time assess the risk of an emergency occurring

Risk assessment and risk prevention are not part of the emergency planning role. Emergency planners must take note of the potential hazards which may give rise to an emergency, but their whole raison-d'etre is to have plans in place to deal with emergencies which occur despite the best efforts at risk assessment and risk prevention of a whole range of other regulatory and enforcement bodies. It is not appropriate for emergency planners, with no technical expertise, to attempt to second guess these bodies.

If what is meant is 'hazard identification', rather than risk assessment, then it is reasonable that this should be left in. If risk assessment is retained, it must be made clear that organisations are only responsible for assessing risks which fall within their degree of competence, so that they are not exposed to inappropriate claims of liability.

National Council for Civil Protection, CC EV 76, question 2

To avoid confusion, the terminology should be changed, from 'risk assessment'/ 'risk management' to 'hazard analysis.

LGA, JC EV 10, para 3.2.2

2 (1)(c)

A person or body listed in Part 1 of Schedule 1 shall - (1)(c) maintain plans for the purpose of ensuring, so far as is reasonable practicable, that if an emergency occurs the person or body is able to continue to perform his or its functions

The storms of October 2002 and the loss of electricity to large numbers of the members of the public for up to seven days in Gloucestershire is a prime example of why this duty should also be placed upon Category 2 responders. If utilities companies in particular do not have this duty imposed it may be impossible for Category 1 responders to plan effectively to comply with the duty placed upon them.

This duty should apply more widely to Category 2 responders. It is recognised that most large businesses employ their own Business Continuity experts. The term "business" should be defined.

London Borough of Richmond upon Thames, CC EV 61, question 2

2 (1)(d)(i)

[Category 1 Responders shall] maintain plans for the purpose of ensuring that if an emergency occurs or is likely to occur the person or body is able to perform his or its functions so far as necessary or desirable for the purpose of - (i) preventing the emergency

This paragraph should be removed. The ability to mitigate is already in the Bill and this is more achievable. During the review of Emergency Planning Consultation many responders felt that it was impossible for local authorities to prevent emergencies, particularly those starting outside their area.

The duty to 'prevent' should be removed.

Oxfordshire County Council, CC EV 4, para 6

National Council for Civil Protection, CC EV 76, question 2

The use of the word 'prevention' in relation to civil protection suggests that emergencies are somehow 'preventable'. A more useful word to use might be 'mitigation', which implies a process of hazard identification, risk assessment and planning.

Risk assessment and risk prevention are categories best left to professional organisations that are competent and instructed in their approach - for instance the HSE and Environment Agency. Generic emergency planners are not generally qualified for this role.

Brent Council, CC EV 68, question 2

It is difficult to see how a unitary authority, usually acting in support to the emergency services, can routinely 'prevent' emergencies. The Bill should clarify that this responsibility to 'prevent' rests where there is currently a function (there is no function on Emergency Planning Services of local authorities, although other departments, such as Highways, may have such a role).

Bristol City Council, CC EV 69, question 2

2 (1)(f)

[Category 1 Responders shall] arrange for the publication of all or part of assessments made and plans maintained

This is contrary to recent Security Services advice against the publication of any plans that would be of use to a terrorist such as the Pipeline Safety Plans. This needs re-wording to take account of this security advice.

Oxfordshire County Council, CC EV 4, para 7

There is the potential for security to be compromised through the publication of information relating to specific sites. It is suggested that clear guidance be given in the notes to ensure that due diligence is exercised by site owners and other responders who may have a planning responsibility, so that there is no potential for security to be breached by the publication of sensitive information.

ACPO, CC EV 98, question 2

2 (1)(g)

[Category 1 Responders shall] maintain arrangements to warn the public, and to provide appropriate advice to the public

These duties should not be placed upon each Category 1 responders, but there should be a collective responsibility to ensure that such arrangements are in place in that locality. At fixed sites, the operator should be responsible for public warnings, for flooding it should be the Environment Agency, for severe weather warnings it should be the Met office, and for mobile emergencies (chemical leaks from road tankers) it should be the police.

ACPO, CC EV 98, question 2

Should be amended to: "maintain appropriate arrangements to warn the public, and to provide appropriate advice to the public, if an emergency is likely to occur or has occurred."

BT, CC EV 102, para I, d

Central Government should establish the policy and take the lead on this very important issue. A national programme to educate the public in these matters is long overdue.

National Council for Civil Protection, CC EV 76, question 2

This will need to be supported by extra central funding which explanatory notes elsewhere make clear will not be available.

Oxfordshire County Council, CC EV 4, para 8

2 (2)

A Minister of the Crown may make regulations about -

Regulations, and the advice needed to support the different sections and powers contained in the draft Bill, should receive wide public consultation prior to being passed by Parliament. All organisations and partners should be asked to contribute properly and fully to the debate on these issues.

North Wales Strategic Emergency Planning Group, CC EV 26, para 8

Only examination of any regulations issued and their detail will determine whether the right balance has been struck. It is particularly important that a proper consultation mechanism is put in place that allows for full consideration of the draft regulations before their implementation.

Cleveland Emergency Planning Unit, CC EV 59, question 4

The Bill will only deliver if the regulations define standards and performance management systems.

Ceredigion County Council, CC EV 85, question 1

2 (3)(e)

[Regulations may] permit or require a county council to perform a duty under subsection (1) on behalf of a district council within the area of the county council

Regulations should define a coordinating, training and advice role for county councils so that there is no duplication of work in their area. The proposal to continue civil defence arrangements so that county councils take full responsibility for civil protection planning in their area should be dropped.

Ian Loughborough, CC EV 45, appendix A3

It should be a norm that the interface between Category 1 and 2 responders is at county level, not at district level, and this should be reflected in the Bill as a mandatory arrangement, not as an option to be decided later under clause 2(3)(e).

Western Power Distribution, CC EV 60, para 16

2 (3)(g)

[Regulations may] permit or require a person or body listed in Part 1 or 2 of Schedule 1 to cooperate, to such extent and in such manner as may be specified, with a person or body listed in Part 1 of the Schedule in connection with the performance of a duty under subsection (1)

The Council would urge the Government to recognise specifically the importance of establishing and maintaining multi-agency contingency planning at a local (borough or equivalent) level and to apply another term to arrangements operated at county (or similar) level.

Bolton Metro Commercial Services, CC EV 95, question 5

Most telecom businesses have a national presence and it would be impractical for each to be represented at local or even regional resilience forums. It is suggested that proposals be developed jointly with their industry body, UKCTA, and their regulator Oftel for appropriate representation.

[Regulations may] require a person or body listed in Part 1 or 2 of Schedule 1 to provide information on request to a person or body listed in Part 1 of the Schedule in connection with the performance of a duty under subsection (1)

There is already difficulty over the provision of such data on vulnerable persons between the Health Economy and local authorities and this Act is unlikely to override the Data Protection Act. Partners would still be able to refuse to supply information on those vulnerable people protected by the Data Protection Act.

Oxfordshire County Council, CC EV 4, para 10

Regulations under this clause may require Category 2 responders to provide information of a sensitive nature from a data-protection, commercial or security perspective. Although safeguards in the consultation document are noted, these have no legal standing. This needs to be addressed.

United Utilities, CC EV 73, question 4

The Bill itself (rather than regulations made under the Bill) needs to provide for the designation of certain information as confidential and for a duty on those in receipt of that information to keep it confidential unless otherwise agreed by the provider.

CE Electric UK, CC EV 81, question 2

2 (3)(i)

[Regulations may] permit or require a person or body to perform a duty under subsection (1)(a) or (b) having regard to, or by adopting or relying on, work undertaken by another specified person or body

This does not seem to make any provision for non or poor performance from partners on whom another body relies for data/plans.

Oxfordshire County Council, CC EV 4, para 11

4

Advice and assistance to business

Potentially, this could be a resource intensive activity and as the Bill doesn't allow for any increase in overall funding, this may mean that emergency planning activity has to be diverted from other areas of greater importance. The ability to charge for advice and information seems to be on an ad hoc basis and this arrangement, in reality, would not allow the provision of a quality service. There is also a general lack of expertise in this area and there would be difficulty in filling the skills gap in this area.

Wigan Council, CC EV 72, para 3

The 'promotion of business continuity' must be defined, in the Bill or regulations, either in terms of extent or degree of effort.

National Council for Civil Protection, CC EV 76, question 1

This is worryingly open-ended. The mandatory requirement to provide BCM advice should be amended to a discretionary power.

LGA, JC EV 10, para 3.3.1

Not all agencies are satisfied that they could cope with the Bill's Business Continuity issues. Some have Business Continuity Officers in post. Others would have to find additional finance to fulfil these requirements.

Regulations under subsection (2) may, in particular - (a) permit a body to make a charge for advice or assistance provided on request under subsection (1)

Recognition should be given to the fact that although local authorities may be able to charge for providing business continuity advice and support to local businesses, in reality it is unlikely that most of the small businesses will be able or willing to pay for this support. If this activity is to be successful then the shortfall in funding will need to be provided by Government through additional resources.

London Borough of Barking and Dagenham, CC EV 84, question 8

5

General measures

The measures in clause 5 are insufficiently robust to ensure that all local responders play a full part in the new arrangements. Local Resilience Forums should be given statutory powers and duties, which should appear on the face of the Bill, to ensure improved liaison between districts and counties and other agencies.

LGA, JC EV 10, para 3.4.1

6

Disclosure of information

ACPO has concerns that this could include secret and/or confidential information. Care will have to be taken in drafting such regulations.

ACPO, CC EV 98, chapter 2

8

Monitoring by Government

The provision of information needs to be two way and Government departments should not shelter behind the over-classification of information and material.

Oxfordshire County Council, CC EV 4, para 13

Specialist auditors may be necessary to monitor the implementation of the draft Bill. The existent audit systems have failed in the past, in relation to the fuel crisis and foot and mouth.

Hereford and Worcester Combined Fire Authority, CC EV 23, chapter 3

There is serious concern about the process of monitoring. Who will set the standards and how will performance indicators be monitored? Will all agencies be inspected to the same degree and will standards be the same across all agencies?

North Wales Strategic Emergency Planning Group, CC EV 26, para 10

The need for an external audit of performance is questionable. Instead a form of self assessment should be established that can be completed by each authority and then be submitted to the Cabinet Office or Regional Government Office for accreditation.

Iain Berry, Mid Beds, CC EV 63, question 9

There is concern that existing audit processes may not address the qualitative issues that need to be addressed in emergency planning. An audit regime should measure capacity and competence that is not readily quantified. Multi-agency working must form part of the auditing process, requiring an integrated approach by the inspecting regimes.

Bristol City Council, CC EV 69, question 9

9

Enforcement

Given the very wide range of organisations listed at Category 1 or 2 responders, the scope for misuse of generalised requirements in the Bill, and the fact that this relates to Part 1, the powers under clause 9 should be limited to a Minister of the Crown only.

Western Power Distribution, CC EV 60, para 17

10

Provision of Information

The Data Protection Act may apply to this clause

Oxfordshire County Council, CC EV 4, para 14

12

National Assembly for Wales

There are serious constitutional and political problems concerning the role and responsibilities of the devolved administration - in particular the Welsh Assembly Government. These must be resolved or may result in potentially unworkable legislation.

North Wales Strategic Emergency Planning Group, CC EV 26, para 6

PART 2 - EMERGENCY POWERS

17

Meaning of "emergency"

Because of this definition, the draft Bill will apply to a bewildering range of industrial action which could easily be construed as constituting a 'serious threat' to what are not always emergency situations: for instance, a teacher's strike would under this definition constitute a serious threat to the welfare of all or part of the population of the UK.

Professor K D Ewing, JC EV 2, para 6

The draft Bill gives the government temptingly wide powers capable of being unlocked on altogether too low a threshold. In the hands of the drafters of this Bill, the ordinary becomes the exceptional, the serious challenges of everyday life being seen not as (merely) serious challenges but as evidence of an emergency situation, requiring emergency powers.

The Bill so expands the meaning of what is an "emergency" that it risks making a further major push in the direction of guiding us to the false understanding that we must all learn to live in a situation of permanent emergency, with the consequent erosion of our democratic and civil liberties culture.

Professor C A Gearty, JC EV 3, para 4

We would reject any notion of an 'emergency' based on a 'threat to security' that did not also pose a threat to public safety and physical well-being.

JUSTICE, JC EV 15, para 16

The definition of emergency adopted in the Bill is unduly wide for the purposes of industrial disputes and permits powers to be taken which may be disproportionate where industrial action is of limited impact or duration. It would be preferable for industrial action in essential services to be the subject of separate legislation.

Professor G Morris, JC EV 5, para 1

17 (1)

"emergency"means an event or situation which presents a serious threat to -

Here the word 'serious' is used to qualify the threat to a service or activity, rather than a situation or event which might objectively be thought to be serious. An air of unreality and a complete lack of proportionality thus inform the definition of an emergency.

Professor K D Ewing, JC EV 2, para 7

17 (1)(a)

(a) the welfare of all or part of the population of the United Kingdom or of a Part or region

The regions need to be included in the draft Bill, but consideration should also be given to including areas smaller than regional. This should not allow the Government to abdicate overall responsibility, however.

Dudley Metropolitan Borough Council, CC EV 47, question 14

Consideration should be given to sub-regional areas where special legislative powers could alleviate or assist in solving a major incident of a local nature (e.g. flooding, CBRN).

Brighton and Hove City Council, CC EV 88, question 11

17 (1)(c)

the political, administrative or economic stability of the United Kingdom or of a Part or region

This is very wide indeed.

David Bonner, JC EV 1, para 6

The inclusive definition of these threats is too wide and provides little guidance on how the powers would in fact be deployed in practice: Any disruption of Government activities, however trivial, necessarily amounts to a political/ administrative threat. The Government could, in principle, declare a state of emergency and suspend all primary legislation if faced with potential political instability.

Liberty, JC EV 14, para 20

17 (2)

For the purposes of subsection (1)(a) an event or situation presents a threat to the welfare of a population if, in particular, it involves, causes or may cause -

The "essentials of life" that should be protected by the ability to resort to emergency powers should be considered very carefully. Is 'education' of the same weight as life, food, fuel and medical services?

David Bonner, JC EV 1, para 6

17(2)(e)

disruption of a supply of food, water, energy, fuel or another essential commodity

An 'essential commodity' needs to be more clearly defined. What is it and who decides what it is?

Professor K D Ewing, JC EV 2, para 4

17(2)(h)

disruption of medical, educational or other essential service

The Bill needs to clarify what an 'essential service' is. It should also be explained why education is an essential service which requires the support of emergency powers.

Professor K D Ewing, JC EV 2, para 5

18

Royal Proclamation

The Scottish Parliament, Welsh Assembly Government and Northern Ireland Assembly should be allowed under this legislation to declare an emergency itself and take whatever special legislative measures it believes are necessary to deal with it - within its competence as a devolved administration. The UK Government should only be involved where the measures required are outside that devolved competence.

North Wales Police, CC EV 28, questions 18, 19 and 20

The ability to invoke emergency powers should fall to the devolved administrations in Wales, Northern Ireland and Scotland and remain with Ministers in England.

Welsh Ambulance Services NHS Trust, CC EV 52, question 15

The fixed 30 day period for a proclamation or order is too inflexible to satisfy proportionality

Liberty, JC EV 14, para 25

19

Declaration by Secretary of State

It is entirely inappropriate that such wide-ranging powers remain with the Secretary of State who may be motivated by purely political reasons.

Oxfordshire County Council, CC EV 4, para 15

Significant changes to the principles of British Constitutional law should not be incorporated within this legislation.

Uttlesford District Council, CC EV8, question 16

Surely in these days of advanced technology, the Queen is always available. A constitutional change is only acceptable if that were not the case.

East Sussex County Council, CC EV 56, question 17

Unless a Royal Proclamation is impossible (death of the Queen with no immediate accession possible) the delay in obtaining a Royal Proclamation is only marginal. No further powers should be taken by the Secretary of State in this instance.

Brighton and Hove City Council, CC EV 88, question 16

Where it is necessary to invoke such a provision, the power should, in the first instance, be vested in the Prime Minister (in respect of England and Wales), be of shorter duration and be subject to immediate Parliamentary scrutiny.

Bolton Metro Commercial Services, CC EV 95, question 19

We would suggest that where possible the Secretary of State's decision be confirmed by the Queen as Head of State as soon as is practically possible.

Barnet London Borough, CC EV 20, para 16

20(1)(b) and 20(2)(b)

While a proclamation under section 18 is in force -

the Secretary of State may make regulations under section 21 if satisfied that it would not be possible, without a serious delay, to arrange for an Order in Council under paragraph (a)

Delete these two clauses - there is unlikely to be such a severe incident that delay would not be acceptable. It will take time to mobilise any response from outside the local area and local responders will cope with the immediate emergency. Existing legislation and Royal procedures presumably already take into account any incapacity of the Monarch or lack of immediate access. There would therefore not be any significant delay in seeking a Royal Proclamation.

Oxfordshire County Council, CC EV 4, paras 17 and 67

20 (2)(b)

An order under this section must state -

(b) the Parts of the United Kingdom or regions in relation to which the regulations may have effect.

Applying special legislative measures on a regional basis is unnecessary in such a small country. This model would appear to mirror much larger countries such as America where such legislative measures are supported by immediate finance based on the declaration of an emergency. Such regional legislative measures are also a danger to democracy, as a national declaration of emergency should involve the Monarch and Parliament and can act as a check on Ministers.

Oxfordshire County Council, CC EV 4, paras 59-60

This should be included only if the 'triple lock' safeguards are included within the primary legislation.

Torbay Council, CC EV 48, question 16

21

Scope of regulations

Such measures as the destruction of property, plant and animal life; control of movement; prohibition of travel; prohibition of assemblies and hefty fines have no place in emergency planning legislation. These are public order issues and should be included in Public Order or Criminal Justice Acts.

Oxfordshire County Council, CC EV 4, paras 62

Some limits are set by clause 21(1) - setting an initial threshold of seriousness - and by clause 21(4). However, in view of the limitation of judicial review under the Wednesbury doctrine (which will be the standard to be applied in considering whether clause 21(1) is satisfied) and the broad range of clause 21(3), these safeguards are inadequate.

Professor I Leigh, JC EV 4, para 1

It has been generally accepted in Scotland that planning in detail does not work and that generic plans (or better management arrangements) works in every situation.

David Gurney, EPO, Dumfries & Galloway Council, CC EV 5, para 5

21(1) (2) and (3)

Should begin 'subject to sections 21(4), 23, 25 and 26.

David Bonner, JC EV 1, para 15

21 (2)

In particular, regulations may make any provision which the person making them thinks necessary for the purpose of -

Once clause 21(2) is invoked it provides a gateway into the range of powers under clause 21(3) with too little continuing regard to the initial 'triggering' factor.

Professor I Leigh, JC EV 4, para 1

Not all clause 21(2) purposes are equally serious. However, all of these purposes trigger the full range of clause 21(3) powers, notwithstanding. A better approach would be to band the clause 21(2) purposes and the available powers under regulations according to seriousness.

Professor I Leigh, JC EV 4, para 1

21 (3)

Regulations under this section may make provision of any kind that could be made by Act of Parliament or by the exercise of the Royal Prerogative

Since Parliament is sovereign and can, subject to the ECA 1972, make whatever provision it likes, that language detracts from the intent that clause 21(4) sets substantive limits, a detraction the more worrying in that clause 21(4)(j) enables the making of regulations to "disapply or modify an enactment or a provision made under or by virtue of any enactment".

David Bonner, JC EV1, para 15

21 (3)(a)

Regulations may - (a) confer a function on a Minister of the Crown or other specified person

This is potentially open to serious abuse, if, say, unlimited powers are given to a minor unaccountable official, particularly as there will be offences of non-compliance/ obstruction. The Bill needs to circumscribe the power to issue directions.

BT, CC EV 102, para I, c

This may need clarification - will this individual be an elected official, a Category 1 or 2 Responder or some other person?

NHS London, JC EV 7, para

21 (3)(b) and (c)

regulations may -

(b) provide for or enable the requisition or confiscation of property (with or without compensation) (c) provide for or enable the destruction of property, animal life or plant life (with or without compensation)

All reference to "without compensation" should be removed. Such draconian powers will only lead to unnecessary civil unrest and lack of co-operation, which will hamper the local recovery effort.

Oxfordshire County Council, CC EV 4, para 18

21 (3)(d)

regulations may - (d) prohibit, or enable the prohibition of, movement to or from a specified place

This may authorise detention without trial and the house arrest of specified individuals.

Professor K D Ewing, JC EV 2, para 13

"other than Part 2 of this Act" should be added at the end of this clause.

David Bonner, JC EV 1, para 15

21 (3)(f)

Regulations may - (f) prohibit, or enable the prohibition of, assemblies of specified kinds, at specified places or at specified times

This would enable a ban on picketing outside a workplace. Peaceful picketing within the general law (which itself is highly restrictive) should be exempted from this provision.

Professor G Morris, JC EV 5, para IV

21 (3)(i)

Regulations may - (i) create an offence of -

There is no specific power of arrest and no specific authority to use force when dealing with offences proposed at clause 21 (3)(i).

ACPO, CC EV 98, chapter 1

Current legislation and the draft Bill deal only with setting limits to 'punishment'. Neither prohibit the making of a regulation which would allow internment or detention without trial, since preventative detention for the public good may well not be characterised by government as punishment but merely preventative action. The Bill should be amended to preclude the possibility of resort to internment without trial by this backdoor method.

David Bonner, JC EV 1, para 13

21 (3)(j)

regulations may - (j) disapply or modify an enactment or provision made under or by virtue of an enactment

This power should be used to protect utility companies, acting under these regulations, from Human Rights Act challenges during the course of the emergency or subsequently.

EDF Energy, CC EV 75, question 17

This clause is of particular concern. 'Enactments' at risk could include the Human Rights Act 1998, Police and Criminal Evidence Act 1984, Public Order Act 1986, Regulation of Investigatory Powers Act 2000, the Terrorism Act 2000 and the Anti-Terrorism Crime and Security Act 2001. In all of these cases, Parliament has already balanced civil liberties and community interests. It should not be open to the Government to set these balanced schemes aside by regulations under clause 21. Either specific Acts dealing with emergencies should be exempted under clause 21 or clause 21(4) should be strengthened.

Professor I Leigh, JC EV 4, para 1

In principle, this could even include a power to disapply any part of the Human Rights Act or the Section 24 HR a requirement for Parliamentary approval of the regulations in the Bill itself. In its present unrestricted ambit, clause 21(3)(j) is not Convention compatible.

Liberty, JC EV 14, para 37

21(3)(l)

regulations may - (l) confer jurisdiction on a court or tribunal (which may include a tribunal established by the regulations)

This would presumably include a power to confer criminal jurisdiction and sentencing on military tribunals. What is in mind here, and why should any such regulation not be subject to judicial scrutiny to ensure that it complies with the right to a fair trial in article 6 of ECHR?

Professor K D Ewing, JC EV 2, para 17

21 (4)

Without prejudice to the generality of subsection (1)(a), regulations may not

It is inappropriate wording, not found in the current EPA 1920, to have a sub clause setting out to limit a very broad rule-making power set out in 21(1) and amplified in 21(2) and (3).

David Bonner, JC EV 1, para 15

21 (4)(a)

Regulations may not - (a) require a person, or enable a person to be required, to provide military or industrial service

The inability to require industrial service may render ineffective the power to requisition specialist equipment as provided by 21 (3)(b). It should be deleted.

ACPO, CC EV 98, chapter 1

21 (4)(b)

Regulations may not - (b) prohibit, or enable the prohibition of, a strike or other industrial action

This is narrower than the corresponding provisions of the 1920 Act s 2(1). This provides that no regulations are to make it an offence 'to take part in a strike, or peacefully to persuade any person or persons to take part in a strike'. Under the new formula it will not be possible to prohibit a strike but may be possible to make it unlawful for specific groups of workers to take part in it. This would mean for the first time since 1875, a peacetime government in the UK will have taken the power to make participation in a strike or other industrial action a criminal offence, punishable by up to three months imprisonment.

Professor K D Ewing, JC EV 2, para 8

This does not prevent changes to individual employment rights, such as the unfair dismissal protection afforded to employees for taking 'protected industrial action' or the preservation of continuity of employment for those who take part in a strike. Provision should be made to ensure that these changes cannot be made under clause 21 (3)(j).

Professor G Morris, JC EV 5, para IV

21(4) (d)

Regulations may not - (d) create an offence which is punishable - (i) with imprisonment for a period exceeding three months

There is no power of arrest either implicit in the penalty sections of clause 21 (4)(d) or provided separately in the draft Bill.

Kirklees Metropolitan Council, CC EV 24, para f

The upper limits of punishment detailed in this clause are low when compared to the consequences of possible offences.

ACPO, CC EV 98, chapter 1

22

Regional and Emergency Coordinators

The role of the Regional Tier should be properly established as part of the statutory framework.

Sedgemoor District Council, CC EV 66, question 2

Any emergency power ought to remain within the remit of democratically elected authorities. If there is to be any delegation to officers this should be done by central government, in consultation with leaders of local authorities.

Essex Authorities, CC EV 14, para 7

The Regional Nominated Coordinator should be the 'leader' who can be advised by specialist experts. One person should be appointed with several deputies.

Ian Loughborough, CC EV 45, appendix A10

The appointment of Regional Nominated Coordinators risks repeating the problems caused by the adoption of lead government departments. The Government should considering leaving leadership and coordination to organisations that provide them during their every day operations, rather than 'a functional leadership' approach, where, for instance the Director of Public Health would lead in a health crisis. Although these people will be competent in their professional field, they will have limited experience in coordinating many agencies in a fast changing scenario.

Surrey Police, CC EV 42, para 6d

The role of the Regional Nominated Coordinator is unclear. What exactly will they do? How will they manage cross regional resources? What training, experience or practice will they have? How quickly will they need to respond? On what basis is the 'functional' model proposed in the draft Bill shown to be effective?

Wiltshire Fire Brigade, CC EV 32, chapter 2, para 20

Such a procedure of incident dependent nomination of the RNC does not promote the important role of leadership, team building and decision making in times of crisis. A more effective approach would be to have a permanent Regional Nominated Coordinator who can work with the relevant emergency planners and experts in advance of an incident, perhaps through RCCCs, RRTs or RRFs in developing these relationships, plans and methods.

Dr Rodney Day, University of Hertfordshire, CC EV 18, para 8

There is also a need to clarify the relationship between the local Strategic Coordinating Groups and the RNC, otherwise there could be duplication and confusion.

East Sussex County Council, CC EV 56, question 10

There is concern at the absence of elected representation within the regional tier.

It is essential that there is absolute clarity of purpose and an awareness of the difference of role between the RNC and the Gold Commander managing the response to the incident. There is also concern that the RNC may take responsibility for, "explaining the response to the emergency to the public through the media." This currently falls to Gold Command and there is a real danger that results in a conflicting message. Absolute clarity of role is essential.

Devon Fire and Rescue Service, CC EV 58, para 2 and question 10

The draft Bill needs clarification - Regional Nominated Coordinators are not appointed until special legislative measures have been decided appointed (at Level 3), but are expected to chair level 2 meetings. This appears to be inconsistent.

Dudley Metropolitan Borough Council, CC EV 47, question 10

If the RNC is not nominated until the crisis is upon him/her, then he/she will not have had the benefit of having tested the regional organisation, its communications and constituent specialist services by proper exercises - and the time to make mistakes is in exercises not during a major terrorist incident.

Dr Robin Woolven, CC EV 123, para 1

Regional Resilience Teams have now been established and the head of these teams should undertake the role of Regional Nominated Coordinator. Regional Nominated Coordinators appointed from a lead organisation might not have the broad overview and leadership qualities required to fulfil their envisaged role. The role of Regional Resilience Teams should also be included within the framework of the Bill.

Torbay Council, CC EV 48, question 10

A requirement should be written into the draft Bill that nominations for a Regional Nominated Coordinator should be made in consultation with agencies involved in emergencies and that the Secretary of State should keep under review the appointment of any RNC.

LFEPA, CC EV 17, para 12

The Council believes that the RNC should be drawn from a panel of pre-designated individuals known to, and able to engage with, local responders (as well as regional contributors) at the planning stage.

Bolton Metro Commercial Services, CC EV 95, question 5

To be effective the Regional Nominated Coordinator should have authority to direct the various components of the response operation. They should have similar powers to the Secretary of State's Representative for Marine Salvage and Intervention and sit above the marine Response Centre, Shoreline Response Centre and Environment Group in order to ensure strong overall direction, coordination and communication. The new position would therefore provide a genuine benefit to any response and not merely present an additional level of bureaucracy in the command structure.

Where does the Welsh Assembly Government fit into the process? Could or would a Welsh Assembly Government Minister ever be appointed as a Regional Nominated Coordinator? An Emergency Coordinator (RNC) should be answerable directly to the Welsh Assembly Government via his/her Civil Contingencies Committee. There are serious constitutional issues about whether an Emergency Coordinator could have the authority and ability to deploy all and any multi-agency resources as some functions lie with the Welsh Assembly Government and some do not.

North Wales Police, CC EV 28, question 10 and 21

Consideration must be given to the need for the Regional Nominated Coordinator to have close links with the Regional Resilience Forum. The need exists for an Emergency Coordinator to control the resources required to mitigate an emergency, but it is not clear how control will be achieved where constitutional differences exist.

Welsh Ambulance services NHS Trust, CC EV 52, question 10 and 21

Further clarification is needed regarding funding of any requirements set by the RNC. If the RNC declares certain action should be taken that is beyond the local resource level, even given partnership working, there must be funding available, either through a new version of the Bellwin Scheme or from central government.

Cleveland Emergency Planning Unit, CC EV 59, question 10

If the emergency is affecting the region so severely that the Minister has decided it is necessary to apply emergency powers, then it should be a democratically elected Minister who chairs the strategic decision making group and is subsequently accountable fro the actions taken, rather than an appointed official such as a Chief Constable.

The whole concept of a regional tier is flawed, primarily because the Government Offices of the Region, do not, in fact, have direct day-to-day control of central Government resources to bring to the response. NCCP can only think of two examples of existing arrangements where there is already significant integration of central government and local resources - radiation release from a nuclear power station and a major terrorist/ hostage situation. In both cases there is no 'regional' role at all.

National Council for Civil Protection, CC EV 76, questions 10 and 11

23

Duration

Emergency powers will have a life of 30 days before lapsing or requiring renewal. Category 2 responders may have been required under such powers to take actions that are contrary to normal regulations and good practice. This could result in operational commitments (for example, installation of utility assets) that it is physically impossible to de-commission rapidly should the emergency powers not be renewed. It is not clear what legal protection exists for Category 2 responders in such circumstances, against the resumption normal statutes, regulations and standards.

United Utilities, CC EV 73, question 4

23 (4)

the new regulations shall, unless revoked, continue in force as if made by virtue of the new proclamation or order (irrespective of the provision of section 20 by virtue of which they were made).

The strong implication in this clause is that regulations will continue in force without the need to be approved by Parliament. Thus Parliament loses the formal power to scrutinise the government's claim that the regulations as issued continue to be needed, even though the nature of the emergency may have changed.

Professor K D Ewing, JC EV 2, paras 13 and 14

The possibility of an indefinite renewal of a proclamation or regulations under clause 23(3)-(4), albeit subject to Parliamentary scrutiny, is disproportionate. If an extended period of emergency exists (ie. in excess of 30 days) there is necessarily time to debate and pass (temporary) primary regulations. This is more democratic than repeated monthly renewals.

Liberty, JC EV 14, para 25

24 (1) and (2)

If Her Majesty makes a proclamation under section 18 the Secretary of State shall as soon as is reasonably practicable notify -

This clause should require immediate notification - the Lord Chancellor and Speaker of the House of Commons are always available.

Liberty, JC EV 14, para 31

24 (6)

Where regulations are made under section 21 (by virtue of any provision of section 20) the Secretary of State shall as soon as is reasonably practicable lay them before Parliament.

This clause should require the Secretary of Sate to lay the regulations before Parliament by the time it meets - especially since oral directions under the regulations are permissible.

Liberty, JC EV 14, para 31

24 (7)

Regulations laid under subsection (6) shall lapse at the end of the period of seven days beginning with the date of laying unless during that period each House of Parliament passes a resolution approving the regulations

Parliamentary power over the regulations laid is diminished to 'accept or reject' whereas under s.2(4) of the Emergency Powers Act 1920, the regulations can by resolution of both Houses of Parliament be added to, altered or revoked.

It may be better to enable parliamentary amendment of the text of regulations. This would require affording a shorter debate than on Bills, but enable one longer that the usual maximum 90 minutes on regulations.

David Bonner, JC EV 1, para 11r

25

Human Rights Act

It does not seem correct to exclude human rights to enable legislation to be enacted, especially where provision already exists for human rights to be suspended in the event of a public emergency which threatens the life of the nation as a whole.

Adur District Council, CC EV 77, question 17

Many of the rights protected by the Human Rights Act may be suspended when there is a public emergency that threatens the life of the nation. Therefore emergency regulations should be treated as secondary legislation and subject to injunction.

Torbay Council, CC EV 48, question 17

This would remove an important protection.

LFEPA, CC EV 17, question 17

There is no case for this, particularly as the regulations have yet to drafted and scrutinised. The Government must include any detail in the Bill if it wishes to be treated as primary legislation.

Ian Loughborough, CC EV 45, appendix A17

It is inappropriate with powers so vast and grave as envisaged to seek to neuter the courts. It is important that they should be available at least to enforce the limits on rule-making powers set out in clause 21(4). They are unlikely to second-guess the government on the existence of an emergency. This clause gives the Government an exemption not afforded the vast majority of rules made under statutory authority, including those of the Scottish and Northern Ireland Parliaments. Consideration could be given to deploying a 'sunset' clause, where the legislation expires on a particular date, requiring, if the powers are to be retained, the enactment of the same or new provisions. (renewal debates every five or ten years, and 'sunset' after 30 years).

David Bonner, JC EV 1, paras 18, 19 and 21.

It is a truly remarkable proposal that a Secretary of State's utterances could legally become statutes.

If the Government's real intention in an emergency is to seek to enact regulations which are Convention incompatible, this should be overtly done rather than forcing the citizen to bring urgent legal proceedings during an emergency to protect his or her fundamental rights. There is an established, rapid mechanism for derogation from the Convention under article 15.

Liberty, JC EV 14, paras 32 and 35

The courts in this country have been extremely compliant in emergencies in the past, and the Government would be hard pressed to give an example where in such circumstances the liberty of the individual was shown disproportionate concern. It is important to note that Convention rights are heavily qualified and would allow for some dilution of standards when there is a genuine emergency. Why does the Government feel that provision of this kind fails to provide the flexibility that it might need in an emergency? What steps does the Government have in mind to take in regulations that would fall foul of the Human Rights Act?

Professor K D Ewing, JC EV 2, para 16

26(4)(b)

But - (b) a failure to satisfy a requirement to consult shall not affect the validity of regulations

As drafted this clause precludes invalidation for any failure to consult. The policy intent was for such preclusion only to have effect where consultation as dispensed with no grounds of urgency (i.e. where the power in clause 26(4)(a) was exercised). The paragraph should be amended to give effect to that narrower intent, to read: "(b) where that power is exercised, that particular failure to consult shall not affect the validity of regulations."

David Bonner, JC EV 1, para 17

27

Procedure

Regulations made under section 21 shall be made by statutory instrument (whether or not made by Order in Council).

Is it appropriate for regulations to be made by statutory instrument in the light of the constraints this places on their amendment? Technically, regulations made under the 1920 Act are not statutory instruments because the 1920 Act excluded the application of the Rules Publication Act 1893 (see Statutory Instruments Act 1946, s.1(2)), although in practice they have been numbered and printed as such.

Professor G Morris, JC EV 5, para II

Schedule 1

Category 1 Responders

[leadership]

It is not clear who has the primary responsibility for leading and coordinating those organisations grouped as Category 1 responders. This would be best carried out at local authority level given their role in community leadership.

Clear responsibility should be placed on one of the Category 1 responders for joint working and multi-agency planning.

Dr Rodney Day, University of Hertfordshire, CC EV 18, paras 4-5

The police should be given responsibility for coordinating civil protection and resilience planning, as they are already responsible for coordinating the multi-agency response in the vast majority of emergencies and the Local Resilience Forums are to be established in Police Force areas.

Ian Loughborough, CC EV 45, para 5

Lead organisations within Category 1 should be identified to be responsible for

a) coordination of emergency preparedness - local authorities would be well placed to provide the focus for this where their boundaries coincide with the police. This would be problematic where a police boundary includes a number of Category 1 local authorities.

b) coordination of emergency response - in most emergencies the police provide this coordination and leadership through the Strategic Coordination Group. Partner organisations should be required to respond to an emergency as directed by this Strategic Coordinating Group.

c) coordination of the recovery following an emergency - this normally falls to local authorities.

Surrey Police, CC EV 42, paras 3a and b, 4

[Local authorities]

Include the third tier of local government - the town and parish councils. Every town and parish council has a parish hall and sometimes other buildings at their disposal. Most have washing and toilet facilities. If there were to be a mass evacuation from central London, the town and parish councils could therefore assist in helping to provide valuable resources and shelter in the form of a short term refuge for displaced persons.

Frank Parker, Metropolitan Police, CC EV 12, para 3-4

Include the term 'Unitary District Council' in the list of Category 1 responders in order to more clearly define the responsibilities of the various tiers of government that exist within the County.

Essex Authorities, CC EV 14, part 2, question 2, para 3

The District Council seeks better definition for the responsibilities within each category. It cannot support the view that no additional resources are required to meet the wider scope and potentially higher standards envisaged by the Bill. The draft Bill, as drawn, and with the prospect of regulations that deny Category 1 response, effectively makes districts Category 2 responders, notwithstanding their inclusion in Category 1.

Rochford District Council, CC EV 22, part 1 para 2 and part 2 para 2

The draft Bill provides for regulations to be made which will allow county councils to plan on the basis of the full range of local authority functions for their area, including those of the districts. This effectively demotes districts to Category 2 responder.

Uttlesford District Council, CC EV8, question 2

The proposal that county councils should take full responsibility for local authority civil protection planning in their area is unworkable. County Councils should have a responsibility to coordinate local authority civil protection and the BCM work with the community in their area. They should also provide advice, training and exercising that is often more efficiently delivered across their area from a single emergency planning team.

Ian Loughborough, CC EV 45, para 7

Under the proposals, counties and districts will each have the same basic responsibilities, which could result in conflicting arrangements.

Nottingham City Council, CC EV 49, question 2

Shire districts should be in Category 1. However, regulations will need to define what is meant by the 'local authority civil protection planning' role that county councils will undertake on behalf of the district councils in their area. This should surround the areas of representing, coordinating, training and advising so that there is no duplication of work in their area. Because the support of chief officers and service managers is vital districts should still be required to plan, but in cooperation with, and under the guidance of the county council.

East Sussex County Council, CC EV 56, question 3

There may be a case for reclassifying district councils as Category 2 responders, with a clear requirement to ensure that their emergency planning procedures are aligned with those of county councils.

EDF Energy, CC EV 75, question 3

The Bill places a duty upon the district council but does not provide any funding; it therefore fails to address the aspect of operationally effective or financially efficient. Category 1 should not include districts or boroughs.

Adur District Council, CC EV 77, questions 2 and 3

[Additional bodies]

Hospital Trusts should be included as either Category 1 or 2 responders. Consideration should also be given to including other transport groups, eg. bus and tram operators, Transport for London etc and also petrol and diesel distributors as Category 2 responders, given their ability to cause widespread disruption, including threats to health and safety of the population, in the event of prolonged disruption.

Barnet London Borough, CC EV 20, para 2

Health service providers should be included as Category 1 responders.

Kirklees Metropolitan Council, CC EV 24, para a

To ensure involvement in joint planning, Primary Care and Acute Hospital Trusts, and the Health Protection Agency should be added to Category 1.

Due to the introduction of the environmental dimension to the definition of an emergency, English Nature should also be added.

Devon County Council, CC EV 50, question 3

Wales' Ambulance Service, Trusts, Local Health Boards and the National Public Health Service should be considered as Category 1 responders, as the duties required in the draft Bill are those currently being delivered.

North Wales Health Emergency Planning Group, CC EV 51, para 3

Selected voluntary organisations should be included in a third category of responders or within the Category 1 membership.

Parish and Town councils should be included in the consultation process and involved in both the preparation of and execution of emergency plans.

Civil Defence Association, CC EV 67, question 3

'Police Forces' should also include the British Transport Police, the UKAEA Constabulary and the Ministry of Defence Police. The most glaring omission is that of central Government, who should be integrated with the local response and planning organisation but not necessarily superior to it.

Brent Council, CC EV 68, question 3

Port Police should be included as Category 1 responders.

Bristol City Council, CC EV 69, question 3

The Red Cross should be included as a Category 1 responder in the Bill, given the legal functions established under its Royal Charter and the Geneva Conventions.

The final legislation should place a statutory duty on Category 1 responders to fully involve relevant voluntary organisations in all aspects of civil protection. The resources of the voluntary sector are substantial and will be needed in the event of a national emergency. A requirement to engage with them is an essential part of the primary legislation.

British Red Cross, CC EV 91, paras 2 and 3

The nation's financial controllers (such as the Bank of England, Stock Exchange and Financial Services Authority) should be included in the categories, as any incident that reduced the UK's ability to actively participate in the world's financial markets would have a serious impact.

City of London Police, CC EV 53, question 3

[Central and regional government]

Lead Government departments should be identified within parts 1 and 2 of Schedule 1.

Kirklees Metropolitan Council, CC EV 24, question 3

Membership of Category 1 should include Central Government, Scottish Assembly, Welsh Assembly, Northern Ireland Assembly, regions of England, including London, PCTs, HPAs and Health Acute Trusts. Their inclusion is imperative in order that the lead body in any disaster is aware of its legal responsibility and the Bill should not allow for the opt-out of responsibility for any tier of Government who may be taking the lead.

Dudley Metropolitan Borough Council, CC EV 47, question 3

The role and responsibility of national government should be included. This will help clarify the relationship between all responders. History has shown that the lead government department concept has rarely worked in practice and that civil protection is too important an area of public life for statutory responsibilities not to be imposed on any of the agencies which have key roles in creating a robust culture of resilience.

Brent Council, CC EV 68, question 2

It seems strange that Government Departments are not included in either category particularly in light of the perceived role of the Regional Resilience teams and the problems in the recent past e.g. foot and mouth.

Calderdale Council, CC EV 57, question 3

It is surprising that Government departments have "responsibilities to plan, prepare, train and exercise", yet are not to be included in the draft Bill. Similarly, other than the power to appoint Regional and Emergency Coordinators, there is no statutory duty on the new regional administrative tier to undertake any of the functions applied to Category 1 and 2 responders

Kirklees Metropolitan Council, CC EV 24, question 3

Whilst Government Departments have formerly enjoyed Crown Immunity, the withdrawal of that status now raises the question of whether it would be appropriate for national legislation to impose duties on them too, as an integral part of a seamless organisation.

South East Regional Resilience Forum, [ ]

Central and regional government are conspicuous by their absence and should appear in Category 1 to strengthen the lead department concept. The absence of Government departments contradicts the ethos of response through the Lead Government department principle.

Ceredigion County Council, CC EV 85, question 3

Whilst Government Departments have formerly enjoyed Crown Immunity, the withdrawal of that status now raises the question of whether it would be appropriate for national legislation to impose duties on them too, as an integral part of a seamless organisation.

South East Regional Resilience Forum [ ]

[Military]

The military should be considered for inclusion as a Category 1 responder, as they are already involved in planning a response at local and regional levels in Wales, particularly the Civil Contingencies Rapid Reaction Force which is specifically set up to respond quickly and effectively to such incidents.

North Wales Strategic Emergency Planning Group, CC EV 26, para 9

The military should be included as a Category 1 or 2 responder, as they have a dual role in the civil contingencies arena - through traditional MAC procedures, the newly formed CCRF, and as possible operators as airports or ports.

Organisers of large venues, such as sports stadia should also be considered, particularly given the recent problems at Knebworth and Silverstone

COMAH site operators should be included, especially in London where COMAH sites are dealt with through LFEPA, potentially leading to a lack of liaison at the level.

The media should also be considered for inclusion, given their pivotal role during an emergency.

London Borough of Richmond upon Thames, CC EV 61, question 3

[Devolved administrations'

Where does the devolved Welsh Assembly Government fit into the Category 1 and 2 listings? Should the Welsh Assembly Government be listed as a Category 1 responder, as it has responsibility for key funding on health, ambulances and other services.

North Wales Police, CC EV 28, question 3

[Flexibility]

Within the subsequent regulations, Category 1 responders should be able to nominate their own Category 2 responders to meet local needs.

Surrey Police, CC EV 42, paras 3a and b, 4

[Additional duties]

Two further obligations should be imposed on Category 1 responders, namely the requirement to exercise plans and the requirement to train staff to enable those plans to be viable.

ACPO, CC EV 98, question 2

Category 2 Responders

There should be just one category (Category 1). Practical experience shows that a number of organisations contributing to multi-agency plans, do vastly more in terms of emergency planning than might be considered to be required under Category 2. It would be unfortunate if organisations, which hitherto co-operated fully, were able to point to the legislation as a licence to reduce their input.

National Council for Civil Protection, CC EV 76, question 2

[Additional duties]

All Category 2 responders should be involved at the initial planning stage - they could then contribute to planning scenarios by explaining how scenarios impact on their ability to support emergency and civil protection services. This is currently the case in New Zealand.

Wiltshire Fire Brigade, CC EV 32, chapter 2, para 8

Category 2 agencies have a duty to share information and for business continuity, but no obligation regarding partnership working, attendance at exercises and meetings or to assist Category 1 agencies during an emergency.

Dudley Metropolitan Borough Council, CC EV 47, question 2 and 3

[Emergency responders]

NAIR, RADSAFE and CHEMSAFE emergency responders should be involved within the local planning process and have a statutory requirement for membership of local resilience forums. They should be added to the list of Category 2 responders.

Nigel Furlong, EPO, UK Atomic Energy Authority, CC EV 2, para 4

VAS should be added

Oxfordshire County Council, CC EV 4, para 49

[Local authorities]

Town and Parish Councils should be added to Category 2 responders, as they have a role to play in local planning and response. They should have a requirement to assist the district council (in terms of developing a plan and assisting with local knowledge).

Uttlesford District Council, CC EV8, question 3

[NHS]

The National Blood transfusion service should be added to Category 2 responders.

Derek Scougal, Fife Constabulary, CC EV 9, question 3

Category 2 responders should include the Health Protection Agency and Primary Care Trusts.

Reading Borough Council, CC EV 38, question 3

Hospital Trusts and the BBC should be included as a Category 2 responder.

Wandsworth Borough Council, CC EV 41, question 3

[Voluntary]

Consideration should be given to including some voluntary organisations.

Philip Bostock, Exeter City Council, CC EV 13, question 3

The draft Bill could impose a duty to involve, consult and train 'Category 3' responders - the voluntary sector. Voluntary bodies should not have an imposed duty, but they are a vitally important part of civil contingency planning.

Wiltshire Fire Brigade, CC EV 32, chapter 2, para 8

[Transport]

Include the Highways Agency as a Category 2 responder.

Hereford and Worcester Combined Fire Authority, CC EV 23, chapter 3

Bus operating companies and/ or transport authorities with bus operating responsibilities should be included as Category 2 responders. Aircraft operating companies should also be considered.

Kirklees Metropolitan Council, CC EV 24, para b and question 3

Ferry operators ought to be included (unless they already are under 'harbour authorities')

Bristol City Council, CC EV 69, question 3

Bus and coach operators should be included in Category 2. Agencies that are not listed in either Category 1 or 2 should, with consent of the Local Resilience Forum, be adopted (locally) on a temporary or permanent basis if appropriate.

Iain Berry, Mid Beds, CC EV 63, question 3

Add Eurostar to the list of train operators under the draft Bill.

Terry Shea, CC EV 43

[Media]

The BBC should be a Category 2 responder given their vital role in issuing public information during a crisis.

Wandsworth Council, CC EV 25, question 3

Some representation of the broadcasting and media organisations should be included in Category 2.

Broadcasters provide an essential service in warning and informing the public and should be considered as potential Category 2 responders.

Nottingham City Council, CC EV 49, question 3

Oftel, CC EV 116, para 3

[Military]

As Civil Contingency Reaction Forces are being established, the Armed Forces should be included as Category 2 responders.

Torbay Council, CC EV 48, question 3

Whilst MOD Regular Forces could not be listed, the new reserve forces' Civil Contingencies Reaction Forces have been created specifically and solely to deal with such tasks and could be included in Category 2. Whilst Government Departments have formerly enjoyed Crown Immunity, the withdrawal of that status now raises the question of whether it would be appropriate for national legislation to impose duties on them too, as an integral part of a seamless organisation.

South East Regional Resilience Forum, [ ]

The military should be included.

Devon County Council, CC EV 50, question 3

[Utilities]

It could be argued that the utility companies and major transport undertakers should also be included in Category 1, bearing in mind their importance to the national infrastructure, particularly in an emergency situation.

Calderdale Council, CC EV 57, question 3

Electricity generators should be specifically included.

Wigan Council, CC EV 72, question 3

Other gas utility organisations should be included. The only gas utility identified is Transco, which may be intended to reflect Transco's role in providing a national gas emergency service. However, other organisations, including United Utilities, hold IGT licences for the operation of gas distribution networks.

United Utilities, CC EV 73, question 2

It should be borne in mind that the revenues of most utility companies are price capped by their regulators and, in this context, we are therefore concerned that the Bill makes no provision for cost-recovery by those companies in relation to obligations that may be placed on them by or under the new framework.

EDF Energy, CC EV 75, question 2

Major chemical and/ or pipeline companies who activities have the capacity to create an emergency or compound the effects of a pre-existing situation should become Category 2 responders. Category 2 should also include the Road Haulage Association and/or Highways Agency and organisations that have an emergency response through national schemes (National Arrangements for Incidents Involving Radioactivity (NAIR), RADSAFE and CHEMSAFE).

Cleveland Emergency Planning Unit, CC EV 59, question 3

Consideration should be given to all nuclear licensed sites being Category 2 Responders. This could facilitate the integration of existing nuclear emergency arrangements with the proposed regional structure.

British Nuclear Fuels plc, CC EV 146, para 4

[Private organisations]

Private hospitals and road transport should be included in Category 2. Railways should include privately owned railways. There is no mention of Norwich International Airport.

Norfolk County Council, CC EV 96, question 3

There are also particular organisations whose cooperation may be vital to comprehensive planning, such as the operators of major shopping, leisure and sporting complexes. Equally, the cooperation of the organisers of major public events is vital. The Open Golf, London Marathon, Commonwealth Games and Olympics are relevant. It would probably be better to copy the existing Community Safety legislation, which enables a local authority to require the cooperation of any organisation which it considers has a role to play.

National Council for Civil Protection, CC EV 76, question 2

Category 2 should also include a commerce/ business representative.

Dudley Metropolitan Borough Council, CC EV 47, question 2 and 3

Organisations that support the NHS, including pharmaceutical companies, medical gas organisations and health supply organisation should be included in Category 2, as they would be heavily called upon in response to large disruptive challenges.

North Wales Health Emergency Planning Group, CC EV 51, para 3

Repeals extending only to England and Wales

The repeal of the Civil Defence (Grant) Act 2002 seems to pre-empt the questions about RSG versus specific grant in the Consultation paper Category 1 local authorities should continue to be funded through specific grant, as the service needs to be protected and ring-fenced. With all the other demands on local authorities civil contingencies funding will be absorbed into other services or functions unless protected. Funding through RSG will not be transparent.

Oxfordshire County Council, CC EV 4, para 22 and 53

There is a great danger that LAs, particularly in the current climate, will divert funding to other areas.

Graham Chaplin, EPO, Borough of Poole, CC EV 3, para 7

Regulatory Impact Assessment

The RIA does not take proper account of the wider scope of risk assessment, business continuity and scale covered by the new definition of emergency in the Bill. Resource requirement must take into account standards and geographical proximity to identified risk.

Uttlesford District Council, CC EV 8, question 6

The recent LGA survey of top tier Emergency Planning authorities shows that the total expenditure of these authorities is over £32m for England and Wales; thus top tier authorities contribute in excess of £13m over and above the Grant they receive for their current activities.

Initial evaluation f a survey of Shire District Councils, shows that although they do not receive Civil Defence Grant, virtually all District Councils undertake emergency planning functions and contribute a total of just under £4m to fund this work.

LGA, JC EV 10, para 4.1.2

The current proposal for £19 million nationally is totally unrealistic and needs to be urgently reviewed. Additional funds can and must be made available where it is most needed, locally, as this is where the majority of the burden will fall.

West Devon Raynet, CC EV 54, chapter 4

The costs in the partial RIA take no account of:

- the cost implications for utility companies arising from their duty to cooperate with the Category 1 responders for the purposes of planning and preparing for emergencies or,

- the potentially huge costs which those companies could incur in dealing with the consequences of an emergency incident

The RIA should address these issues, and the Bill itself should provide for the guaranteed recovery of costs incurred by utility companies as a direct consequence of a serious emergency or of actions taken by them before, during and after the incident to deal with its effects.

EDF Energy, CC EV 75, question 6

It is clear that, for utility companies whose area of operation encompasses a number of local authority areas, the cost identified in the RIA has been grossly underestimated. In broad terms, the cost identified per company needs to be multiplied by the number of Category 1 responders the company needs to provide information to and liaise with.

CE Electric UK, CC EV 81, question 6

The Bill itself states 'It is not possible to be specific at this stage about the potential regulatory impact if they are used'. Under these circumstances the Authority is unable to answer what appears to be a hypothetical question.

However, our initial view based on current workload is that staffing levels would need to be increased by about two posts (£40,000) and office support provided for those staff. It is important that an allocation is not solely based on population density, physical size of the borough or distance between areas of population, as these would not fully reflect the risks and likely costs of service provision. It is for this reason that the authority would prefer to see a specific grant rather than a general addition to the FSS.

London Borough of Barking and Dagenham, CC EV 84, questions 6 and 8

There are great expectations placed at our door, but no finance to address the significant issues of responding to displaced people. There are no stockpiles of equipment to assist the task as Central Government Stockpiles for Civil Defence have all been dispersed.

The following represent some of the funding inadequacies:

- no more for purchasing emergency equipment required for the care of displaced/evacuated people

- no investments in CBRN for local authorities (training and personal protective clothing)

- annual contracts for a temporary mortuary service provider

- military aid to the civil community comes at a cost unless we can prove it to be life saving. This should be regarded as a central resource that will be deployed to assist the community in times of need

- local authorities are expected to be a front line responder in the event of Coastal Oil Pollution.

Clarity is sought sooner rather than later regarding funding distribution arrangements via the Welsh Assembly Government

Ceredigion County Council, CC EV 85, question 6

The Council believes that the current level of Government funding for contingency planning within local authorities is grossly inadequate at £19 million.

Bolton Metro Commercial Systems, CC EV 95, question 8

Increased demands on LA emergency planning and other staff to attend more regional liaison meetings must be taken into account when considering overall financial provision for the service.

Norfolk County Council, CC EV 96, question 10

The RIA is a partial one only - no account is taken of the costs of dealing with the emergency once it has happened or of the detailed regulations which might come later.

BT, CC EV 102, para 4

Miscellaneous

[Triple Lock]

The triple lock mechanism should be written into the Bill.

Dudley Metropolitan Borough Council, CC EV 47, question 16

Given the ECHR requirement for an article 15 derogation that there be "an exception situation of crisis or emergency which affects the whole population constitutes a threat to the organised life of the community of which the State is composed" it is difficult to see how the Government could avoid declaring a state of emergency under the new definition of the Bill if the Anti-Terrorism Crime and Security Act 2001 is to survive.

Liberty, JC EV14, para 10

[Leadership]

The draft Bill aims to establish a unified approach to civil emergencies across the UK but no central body is appointed to lead, direct and monitor the implementation. There is an urgent need for an overall coordinating body (at ministerial level), with the power to enable interdepartmental support and cooperation and equally seek and support input from national and international organisations and the business community. They would need powers to carry out an audit of the effectiveness of the bills implementation at all levels and direct as necessary, implementation and training. A new Civil Contingencies Secretariat should logically fall within the remit of the Home Office.

This must be a key lesson from the recent past (foot and mouth and BSE outbreak) where decisions were greatly delayed.

West Devon Raynet, CC EV 54, chapter 2, 5 and 7

The Government also seems intent on retaining the lead department principle when recent experience during the fuel crisis and the outbreak of foot and mouth disease has shown that it does not work. We need to be assured that any Government contribution to the emergency response will be well coordinated and that there will be a common purpose.

Surrey Police, CC EV 42, para 6b

History has shown that the lead government department concept has not worked in practice and that civil protection is too important an area of public life for statutory responsibilities not be imposed on any agencies which have key roles in contribution to creating a robust culture of resilience in the UK. The same standards of monitoring and audit should be similarly applied.

Royal Berkshire Fire Rescue Service, CC EV 114, question 3

The Bill or regulations need to be more precise about who has the lead role in drawing together the multi-agency work. Replies to the Emergency planning Review indicated that this should be the local authority.

Brighton and Hove City Council, CC EV 88, question 5

The role of local authorities as 'community leaders' for emergency planning purposes has been left out of this draft of the Bill, although this element was included in the consultation up to this point. We believe there should be a clear responsibility placed on one of the Category 1 organisations to take on this role.

Wigan Council, CC EV 72, para 5

[Regional Tier]

Define the role of the Regional Resilience Teams (now established in the Government Offices) in the draft Bill, to make their function clear.

Surrey Police, CC EV 42, para 6c

There is a need to keep to well understood areas and boundaries which need to be publicised. Once established the new Regional Resilience arrangements should keep to these boundaries.

The regional approach should recognise the inconsistencies arising between regional boundaries and those of the Category 1 and 2 responders.

United Utilities, CC EV 73, question 11

These provisions pre-empt any public referendum on more formal regionalisation in England and should not be part of the Bill. The bolt-on regional tiers appear to add nothing to the delivery of emergency response but are merely a ministerial means of enforcing compliance.

Oxfordshire County Council, CC EV 4, paras 19 and 59

It is hard to see how the objectives set out for the regional tier in the consultation paper can be achieved on a non-statutory basis and could lead to a confusion of roles and responsibilities. The role of the regional tier should be detailed in statute and should appear on the face of the Bill. The regional tier should be subject to the same range of performance criteria as local responders.

LGA, JC EV 10, par 2.2

The roles and procedures of the new regional structures (the Regional Resilience Unit, the Regional Resilience Forum, the Regional Civil Contingencies Committee and the Regional Nominated Coordinator) will need to be clearly articulated in a national doctrine statement so that everyone involved can identify their place in the order of events and the limits of their duties. All tiers of the response process should see their responsibility and accountability clearly set out in appropriate legislation.

South East Regional Resilience Forum, [ ]

[Jurisdiction]

Whilst the direct impact of the legislation will rightly be confined to the UK, you may wish to establish whether there is sufficient provision for minister to allow the deployment of assets to an area outside of the UK but within the UK defence area.

Graham Power, Chief Office of Police for Jersey, CC EV 6, para 2

It is not clear how events or situations that occur abroad which impact upon the health, environment and wealth of the UK will be legislated for, or whether the emergency powers discussed within the draft Bill will have a role to play in events that occur abroad.

Welsh Ambulance Services NHS Trust, CC EV 52, question 1

[Military]

It would be useful to see more detail about the role of the military in an emergency situation included in the draft Bill.

LBRuT is concerned at the lack of guidance and regulations, and trusts that an adequate consultation period will be allowed once these have been produced.

London Borough of Richmond upon Thames, CC EV 61, para 2

In the absence of the sight of the proposed secondary legislation it is difficult to make informed comment on what is a very broad framework with a great deal of flexibility at the local level.

CE Electric UK, CC EV 81, para 4

As the Bill is an enabling legislation, it is difficult to make comments on some clauses until such time as draft regulations are produced. ACPO believes that wide consultation on those draft regulations would be beneficial.

ACPO, CC EV 98, para 2

The absence of any indication of the scope and notice of the regulations that will follow makes the consultation process somewhat superficial.

Emergency Planning Society, JC EV 12, part 1

[Indemnity]

It is not clear whether indemnity for organisations acting under the direction of regulation is properly addressed. Clarification is required as to whether the NHS could be held legally and financially accountable for actions undertaken under the terms of the draft Bill.

NHS London, JC EV 7, para 3

[Access to confidential information]

The Bill does not adequately address the issue of access to confidential information. Emergency planning officers should have access to all relevant information to enable them to write emergency plans.

Emergency Planning Society, JC EV 12, part 1

[Local Resilience Forums]

It is difficult to see how a Local Resilience Forum would work at borough level, considering that some organisations will cover more than one borough and will find problems in attending all such liaison meetings. There is little clarity as to who would be expected to lead Local Resilience Forums and thus provide the staffing (taking of minutes) and funding (meeting rooms).

London Borough of Richmond upon Thames, CC EV 61, question 5

Local Resilience Forums should include Category 1 responders only, with Category 2 members co-opted as required for specific issues.

Iain Berry, Mid Beds, CC EV 63, question 5

The military should be part of the Local Resilience Forum and this should be included in the regulations. Surprisingly, given its importance, there is no mention of the Local Resilience Forum in the draft Bill. It needs to be recognised that the groups will need to be serviced by an effective secretariat - central Government should determine how it should be funded.

Sedgemoor District Council, CC EV 66, question 3 and 5

The LRF should consist of Category 1 responders, with the option to include Category 2 responders when the scenario dictates. Inclusion of all Category 2 responders would create an unwieldy and ineffective group, the benefit of which would be lost.

Luton Borough Council, CC EV 70, question 5

Whilst there appears to be guidance as to the area covered by a Local Resilience Forum outside of London there is confusion over this within London. Clarification needs to be given as to whether the Police Authority Area is the Metropolitan Police (in which case the LRF would cover the whole of London and its 32 borough emergency planning officers and other agencies), or if the Police Area is the local borough, in which case it is a real local forum.

London Borough of Barking and Dagenham, CC EV 84, question 5

The most likely wide scale solution would be to base Local Resilience Forums on existing Multi Agency Strategic Groups established on Police Force areas.

Ceredigion County Council, CC EV 85, question 5

The use of the term 'Local Resilience Forums' may cause confusion, especially where local arrangements operating under a different name have been in place for several years. If a national consistent approach to the name is to be applied, this must be clearly stated in regulations.

Norfolk County Council, CC EV 96, question 5

The development of local resilience forums may cause problems with certain pan London organisations if they are to be constituted on a borough by borough basis. Public utilities in particular may find it difficult to attend 33 separate forums. An alternative arrangement could be to use the existing five borough mutual aid groupings as a basis for these forums.